§ 1-1-120 — Persons rendering emergency assistance exempt from civil liability

Wyoming § 1-1-120

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 1: GENERAL PROVISIONS AS TO CIVIL ACTIONS

Text

(a) Any person licensed as a physician and surgeon under
the laws of the state of Wyoming, or any other person, who in
good faith renders emergency care or assistance, including
assistance for a mental health crisis, without compensation at
the place of an emergency, accident or mental health crisis, is
not liable for any civil damages for acts or omissions in good
faith.
(b) Persons or organizations operating volunteer
ambulances or rescue vehicles supported by public or private
funds, staffed by unpaid volunteers, and which make no charge,
or charge an incidental service or user fee, for services
rendered during medical emergencies or mental health crises, and
the unpaid volunteers who staff ambulances and rescue vehicles
are not liable for any civil damages for acts or omissions in
good faith in furnishing emergency medical services or services
during mental health crises. This immunity does not apply to
acts or omissions constituting gross negligence or willful or
wanton misconduct. For purposes of this section, "unpaid
volunteers" means persons who either receive incidental
remuneration on a per call basis or receive no more than one
thousand dollars ($1,000.00) annually for volunteer ambulance
and rescue activities, including mental health services or
services provided during a suicidal intervention. The immunity
provided by this subsection shall extend to a physician while
serving in his capacity as medical director of any ambulance
service, to hospitals and hospital employees for activities
directly related to providing clinical training as part of an
emergency medical service class approved by the department of
health, and to students while participating in emergency medical
services or mental health services training approved by the
department of health. If an unpaid volunteer's, medical
director's, hospital's or trainee's acts or omissions are
subject to the provisions of the Wyoming Governmental Claims
Act, immunity under this section is waived to the extent of the
maximum liability provided under W.S. 1-39-118.
(c) Any person who provides assistance or advice without
compensation other than reimbursement of out-of-pocket expenses
in mitigating or attempting to mitigate the effects of an actual
or threatened discharge of hazardous materials, or in
preventing, cleaning up or disposing of or in attempting to
prevent, clean up or dispose of any discharge of hazardous
materials, is not liable for any civil damages for acts or
omissions in good faith in providing the assistance or advice.
This immunity does not apply to acts or omissions constituting
gross negligence or willful or wanton misconduct. As used in
this subsection:
(i) "Discharge" includes leakage, seepage or other
release;
(ii) "Hazardous materials" includes all materials and
substances which are now or hereafter designated or defined as
hazardous by any state or federal law or by the regulations of
any state or federal government agency.